Amendments To The Federal Rules Of Evidence

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Rules Amendment Page

The Rules Amendment Page provides an overview on pending proposals to amend and recent amendments to the Federal Rules of Evidence (FRE).

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I. 2014: Amendment: FRE 801(d)(1)(B) (Pending for Dec. 1, 2014)

II. 2014: Amendments: FRE 803(6), FRE 803(7), FRE 803(8) (Pending for Dec. 1, 2014)

III. 2013: Amendment: FRE 803(10) (Dec. 1, 2013)

IV. 2011: Amendment: Restyling The Federal Rules Of Evidence (Dec. 1, 2011)

V. Congressional Legislation Of Note, 112th Congress (2011 - 2012)

VI. 2010: Amendment To FRE 804(b)(3)

VII. Congressional Legislation Of Note, 111th Congress (2009 - 2010)

VIII. 2008: Enacted Amendment: Establishing New FRE 502

IX. 2006: Enacted Amendments: FRE 404(a), FRE 408, FRE 606(b), FRE 609

X. 2005: Amendments Considered

XI. 2004: Proposed Amendment: FRE 804(b)(3)

XII. 2003: Enacted Amendment: FRE 608(b)

XIII. 1975: Original FRE Enactment And Amendments

XIV. Other Reports Of Interest

XV. Background On The Rule-Making Process

I. Amendment: FRE 801(d)(1)(B) (Pending for Dec. 1, 2014)

  • FRE 801(d)(1)(B) Amendment Legislative History Page – Pending for December 2014:
  • Blog Posts On Amendment To FRE 801(d)(1)(B)
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    II. Amendment: FRE 803(6), FRE 803(7), and FRE 803(8) (Pending for Dec. 1, 2014)

  • FRE 803(6), FRE 803(7), and FRE 803(8) Amendment Legislative History Page – Pending for December 2014:
  • Blog Posts On Amendment To FRE 803(6), FRE 803(7), and FRE 803(8)
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    III. Amendment: FRE 803(10) (Dec. 1, 2013)

  • FRE 803(10) Amendment Legislative History Page – Effective December 2013:
  • Blog Posts On Amendment To FRE 803(10)
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    IV. 2011: Amendment: Restyling The Federal Rules Of Evidence (effective Dec. 1, 2011)

  • Restyling The Federal Rules Of Evidence Legislative History PageEffective December 1, 2011:
  • Information and links to primary materials on the Advisory Committee on Evidence Rules project to “restyle” the Federal Rules of Evidence. Under the Rules Enabling Act, the restyled rules became effective December 1, 2011.

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    V. Congressional Legislation Of Note, 112th Congress (2011 - 2012)

  • Pending: The 112th Congress commenced on January 5, 2011. Updates will be provided as legislation is introducted.
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    VI. 2010: Amendment To FRE 804(b)(3)

  • 2010 FRE 804(b)(3) Amendment Legislative History Page – Adopted December 2010:
  • Includes an Amendment Action Timeline for the amendment, with links to many of the primary documents considered with the amendment. Under the Rules Enabling Act, the Amendment to FRE 804(b)(3) (Statement Against Interest) became effective December 1, 2010.

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    VIII. 2008: Enacted Amendment: Establishing New FRE 502 (Attorney-Client Privilege and Work Product; Limitations on Waiver)

    Rule 502:

    Providing a summary of the steps by the Advisory Committee on Rules, the Judicial Conference, and Congress to assess this new rule of evidence concerning the waiver of the attorney-client privilege and work product doctrine
    B. Summary of Proposals for the New FRE 502 — Providing an overview of the amendment for the Federal Rules of Evidence as considered by the Advisory Rules Subcommittee on the Evidence Rules and as covered in congressional activities.
    Providing the text of the current proposal reflected in S. 2450 and H.R. 3013 (Attorney-Client Privilege Protection Act of 2007), as well as earlier proposals by the Advisory Committee for a new Rule 502
    Text of the initial version of the Advisory Committee Note to accompany proposed new Federal Rule of Evidence 502.
    Presents the timeline of actions that ended in the promulgation of Federal Rule of Evidence 502

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    IX. 2006: Enacted Amendments: FRE 404(a), FRE 408, FRE 606(b), FRE 609

    In December 2006, four amendments became effective concerning FRE 404(a) (Character Evidence Generally), FRE 408 (Compromise and Offers to Compromise), FRE 606(b) (Competency of Juror as Witness: Inquiry Into Validity of Verdict or Indictment), FRE 609 (Impeachment by Evidence of Conviction of Crime).

    Providing an overview of the four 2006 amendments for the Federal Rules of Evidence
    Highlighting recent coverage in the Federal Evidence Review on the 2006 amendments to the FRE
    Providing the text of the current rules and the redline version of the four 2006 amendments
    Provides a timeline for the process of adopting the 2006 Amendments

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    X. 2005: Amendments Considered

    Providing links to key reports by the judicial policy bodies involved in considering and adopting the pending amendments

    In 2005, the Supreme Court did not transmit any amendments to Congress for the Federal Rules of Evidence under the Rules Enabling Act.

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    XI. 2004: Proposed Amendment: FRE 804(b)(3)

    Regarding declined amendment to FRE 804(b)(3)

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    XII. 2003: Enacted Amendment: FRE 608(b)

    Report on amendment considered in 2003 for the Federal Rules of Evidence, including Amendment Action Timeline highlighting activity and links to reports on the amendment to FRE 608(b) (Specific Instances of Conduct), which became effective December 2003

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    XIII. 1975: Original FRE Enactment And Amendments


    In 1975, three separate statutes affected the FRE: (1) On Jan. 2, 1975, Congress enacted the original FRE; (2) On July 1, 1975, Congress enacted some technical amendments to the FRE; and (3) On Oct. 16, 1975, Congress adopted FRE 801(d)(1)(C):

  • 1975 Original Enactment Of The FRE
    In 1975, the Federal Rules of Evidence were enacted, after more than 15 years of drafting and consideration by judicial committees and Congress.
  • 1975 Technical Amendments
    After the 1975 enactment of the Federal Rules of Evidence, Congress approved legislation to make technical amendments to FRE 410 (Inadmissibility Of Pleas, Plea Discussions, and Related Statements), FRE 606(b) (Inquiry Into Validity Of Verdict Or Indictment), FRE 803(23) (Judgment Of Previous Conviction), FRE 804(b)(3) (Statement Against Interest), and FRE 1101(e) (Applicability Of Rules).
  • 1975 Amendment Adding FRE 801(d)(1)(C)
    Adding Fed. R. Evid. 801(d)(1)(C) (Prior Identification)
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    XV. Background On The Rule-Making Process

    Information about the rule-making process, under the Rules Enabling Act, is not widely known. Some background information concerning this important process is available at the following links:

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    Federal Rules of Evidence
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